Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. Founded in 1973 as an industry-focused firm, Epstein Becker Green has decades of experience serving clients in health care, financial services, retail, hospitality, and technology, among other industries, representing entities from startups to Fortune 100 companies. Operating in locations throughout the United States and supporting domestic and multinational clients, the firm’s attorneys are committed to uncompromising client service and legal excellence.
2.
Annual Report 2020 2
Focused Excellence
Epstein Becker & Green, P.C., is a national law firm with a
primary focus on health care and life sciences; employment,
labor, and workforce management; and litigation and business
disputes. Founded in 1973 as an industry-focused firm, Epstein
Becker Green has decades of experience serving clients in health
care, financial services, retail, hospitality, and technology, among
other industries; representing entities from startups to Fortune
100 companies; and offering holistic solutions through strategic
alliances with Deloitte Legal and EBG Advisors. Operating in
offices throughout the U.S. and supporting clients in the U.S. and
abroad, the firm’s attorneys are committed to uncompromising
client service and legal excellence.
3. Annual Report 2020
3
Table
of
Contents
Collaborating to Persevere 4
Trending Issues and New Offerings 6
Strategic Alliance with Deloitte Legal 9
EBG Advisors 10
Diversity, Equity, and Inclusion 12
Pro Bono and Community Service 14
Thank You for Your Generosity 15
Firm Leadership 16
New Team Members 17
Highlighted Recognitions 19
4. Collaborating to Persevere
Annual Report 2020 4
Collaborating to
Persevere
Teamwork, entrepreneurial
adaptability, and respect have
long been core values of EBG.
5. Collaborating to Persevere Annual Report 2020
5
This year was hard for all of us. Many faced tremendous loss and unimaginable
challenges. But as we reflect on this past year, our top takeaway is gratitude.
Thank you to our clients, our employees, and friends of the firm. We were honored
to serve your health care and life science organizations, your workforces, your
businesses, and our communities.
Looking back on this year, the industries we serve were able to overcome and
achieve truly remarkable results in the face of a public health emergency and
economic uncertainty. Our clients persevered through collaboration, innovation,
and resilience.
Health systems and other providers shifted at breakneck speeds to safely provide
care and meet demand amid the COVID-19 crisis. We worked with physicians to
ramp up telehealth services and helped companies in the pharmaceutical and
medical device industries address testing, drug and treatment approvals, and
shortages of supply. We felt fortunate to work alongside innovative companies and
minds.
Employers moved swiftly to enact remote work plans, implement new paid
leave policies, and offer creative employee benefits. Businesses made safety a
top priority for their employees by beefing up their workplace safety plans and
procedures. We understand that workforce transformation remains rapid and
critical as we support employers in transitioning their organizations to the new
normal as we emerge from the COVID-19 pandemic. We’ll continue to monitor and
inform you about the latest developments.
Internally, here at Epstein Becker Green (“EBG”), we witnessed the many ways our
employees cared for one another and our communities. As our country confronted
injustice, our employees came together to share their experiences with racism
in their personal lives and to engage more deeply with the firm’s diversity and
inclusion programs. Groups of employees also launched charitable and pro bono
initiatives to address the inequalities the pandemic intensified.
Teamwork, entrepreneurial adaptability, and respect have long been core values
of EBG. This year, despite the challenge of the public health emergency, has
been one of the most satisfying times we’ve experienced in serving health care
companies adapting and responding and clients seeking to appropriately manage
their workforces to meet that challenge. We are extremely proud of the client
service and firm initiatives described throughout this report.
We expect another period of rapid change in the year ahead, and we are ready
to partner with you as you meet those challenges and act on the opportunities
presented to your business. Whether this was the first year we worked with you,
or our relationship was established decades ago, thank you.
James P. Flynn
Managing Director &
Member of the Firm
Mark E. Lutes
Chair, Board of Directors &
Member of the Firm
Steven Di Fiore
Chief Operating Officer
6. Trending Issues and New Offerings
Annual Report 2020 6
Trending
Issues
and
New
Offerings
Throughout 2020, the health care and life sciences industries saw new federal
aid programs unveiled as well as regulations revamped or relaxed to provide
flexibility for organizations working on new services and products to fill critical
gaps during the COVID-19 pandemic.
For example, in response to the shortage of ventilators in the United States,
one of EBG’s health system clients developed a 3D-printed Y-shaped connector
that allows two patients to share a ventilator. Our attorneys drafted and
negotiated the agreement between our client and a national manufacturer
to make and distribute this ventilator connector free of charge to health care
providers nationwide. Our client also offered, for free on its website, the
source code and instructions so that other hospitals could print the connector.
This is just one instance of a client response to the public health emergency
that we were privileged to facilitate.
Although innovation increased across the health care and life sciences
industries, the new flexibility did not come without more scrutiny from the
government. Many of the programs introduced to facilitate employer and
health care industry response to the public health emergency this year
increased the risk of litigation. Of the Department of Justice’s False Claims Act
recoveries in FY 2020, $1.8 billion, or 82%, of recoveries stemmed from the
health care and life sciences industries. We expect that level of enforcement
scrutiny to continue or increase as a second round of stimulus funding, such
as small business loans and provider relief, is distributed. We also expect
telehealth services and telehealth providers to see enhanced scrutiny as
patients continue to seek remote care at increased rates this year.
Mergers and acquisitions further reflected the disruption seen across the
health care and life sciences industries. As companies raced to develop new
products and treatments for COVID-19, transactions in the pharmaceutical and
medical device sectors were particularly strong. Physician practice and primary
care groups also made up a large portion of deals over the past 12 months, a
trend set to continue at an even faster rate in 2021 as physician practice and
primary care groups seek to better weather future uncertainties.
Flexibility and Innovation Bring Risk
Multiple business challenges arose in 2020 amid the COVID-19
pandemic. At the heart of these challenges is the speed
at which businesses now need to adapt. Simultaneously,
businesses need to predict and plan for the financial,
reputational, and litigation risks that change could bring.
7. Trending Issues and New Offerings Annual Report 2020
7
When mandatory shutdowns went into effect around
the world to curb the spread of COVID-19, employers’
needs changed overnight. Millions of people began
working remotely. And the industries most negatively
impacted by people staying at home, including
hospitality and retail, were forced to address their
immediate financial needs while tackling legal
compliance requirements.
EBG worked on the full range of workforce issues with our clients. For example, we helped retail
clients assess eligibility, apply for, and obtain Paycheck Protection Program loans under the CARES
Act. We worked with financial services and health care clients to craft the safety protocols and
policies needed to appropriately return employees to the workplace. With schools and child care
centers closed throughout the year, we helped our clients review benefits offerings to expand the
support available to their employees. We even conducted an in-person civil jury trial and won with
a unanimous verdict for our client. Most importantly, we assessed our clients’ risk as remaining in
compliance with national, state, and local regulations changed minute by minute.
As a new administration begins in Washington, the top priority will be containing the pandemic by
mounting a national vaccination program and increasing testing and contact-tracing efforts. Revised
Occupational Safety and Health Administration guidance and potential emergency temporary
standards on COVID-19 are a few ways the new administration aims to jumpstart business “building
back better than before.”
In a January 2021 Fortune/Deloitte CEO survey, the 100 CEOs participating estimated that more
than one-third of their employees will still be working remotely in 2022, which is double pre-
pandemic levels. With a shift of this magnitude, there is no doubt that how we work, and how our
clients manage their workforces, has changed forever.
WORKFORCE (re)imagined.TM
Given the continued remote work environment, and the cyclical nature of COVID-19, HR
departments must be ready to face another year of uncertainty and shifting demands.
Although many employees aren’t working together in person, the risk of a major harassment or
discrimination lawsuit has not decreased. Defending against these lawsuits or reaching settlements
is costly. Also, anti-harassment training requirements remain in effect across several jurisdictions.
Mitigate litigation risk and meet compliance deadlines for 2021 by planning now for how your
business will deliver anti-harassment training to your remote workforce.
EBG’s e-learning solution, Halting Harassment: Rules of the Road for a Respectful and Inclusive
Workplace, provides virtual training through your learning management system wherever trainees
may be located—in the workplace or at home. Visit HaltingHarassment.com to schedule a demo.
Training Your Remote Workforce
8. Trending Issues and New Offerings
Annual Report 2020 8
Another area of extreme importance for all businesses as many employees continue working
remotely is protecting and securing data against a cyberattack. One data security breach can wreak
havoc on a company’s finances and reputation. In 2020, nowhere was this felt more strongly than
in the health care and life sciences industries, which saw increased cyber incidents during the
pandemic. We will continue to support the information security and privacy risk management and
incident response needs of our health care and other clients.
As a firm, EBG is committed to ensuring top-level security for our clients’ information. We are
pleased to share that, in early 2021, EBG became one of the first law firms to achieve ISO/IEC
27017:2015 certification, a strict code of practice governing the safe and effective operation of
cloud services. EBG also retained the ISO/IEC 27001:2013 certification for our Information Security
Management System (ISMS) for the fourth year in a row. This means that the firm’s certification
portfolio includes the highest accreditations available for information protection and cloud security.
Creativity and insight will be needed to navigate
the anticipated market and legal shifts as a new
administration shapes policy and we move beyond the
pandemic. To bring our clients top-notch talent, we
enhanced our services in several ways.
A prominent group of life sciences attorneys joined
us in Boston, led by Chambers USA-ranked attorneys
Kate Gallin Heffernan and Andrew P. Rusczek. They
brought with them an accomplished team, including
members Sarah V. Ferranti, Emily Chi Fogler, and
Sarah L. Trautz, as well as associates Marylana S.
Helou, Drew S. Douglas-Steele, and Rachel Weisblatt.
The group has noteworthy legal experience in life
sciences, biotechnology, and clinical research matters.
Their arrival links their knowledge and experience in
clinical research with EBG’s strong life sciences and
biotechnology commercialization capabilities in this
important bio-pharma and academic medicine market.
We will be growing our presence in Boston in 2021 to
continue to improve our offerings to our clients in the
Northeast region.
Epstein Becker Green’s affiliate consultancy, EBG
Advisors, has launched Legal Talent Solutions. In-house
legal teams are critical to achieving an organization’s
business goals. Whether you are in a large hospital
system looking to hire a new General Counsel or a
start-up medical device company looking for an in-
house FDA regulatory counsel, we have relationships
with the highest caliber of legal talent and can help
you recruit these attorneys to your team.
Protecting Information Remotely
Increased Need for Creative Legal Talent
9. Strategic Alliance with Deloitte Legal Annual Report 2020
9
A New World for the Workforce
New Resource This Year
Strategic Alliance
with Deloitte Legal
Multinational corporations
need to navigate this changing
regulatory environment
and redevelop business
fundamentals to alleviate
concerns and limit liability—
while also becoming fully
operational and adjusting to
the new normal.
The global impact of
COVID-19 is unprecedented.
All employers face growing
market complexities. The
high degree of uncertainty,
inefficiency, and volume of
new workforce issues is being
addressed by governments at
the country, regional, state,
and city levels. These matters
also present significant legal
and privacy challenges.
EBG’s alliance with Deloitte
Legal—having EBG’s
employment, labor, and
workforce management
attorneys on the ground in
the United States and Deloitte
Legal’s professionals on the
ground globally—allows us
to deliver holistic labor and
employment solutions to
multinational clients.
Continuing to build on the first year and a half of the strategic alliance between EBG and Deloitte Legal,
EBG is pleased to announce that attorney Robert O’Hara has authored the inaugural U.S. section of
Deloitte Legal’s International Employment Law Guide.
The International Employment Law Guide offers global employers a multinational resource for
understanding workforce and organizational change management issues across Europe, the Americas,
Asia, and more. This year’s guide provides a breakdown of onboarding and offboarding rules and costs
in more than 60 countries and compares differences and similarities among countries.
Deloitte Legal International Employment Law Guide
10. EBG Advisors
Strategies and Solutions
for the Health Industry
End-to-End Expertise
EBG Advisors is a national strategy and
management consultancy that serves
the health care and life sciences industry
and provides workforce management
consulting across various industries. With
a far-reaching network of experts, EBG
Advisors is capable of supporting client
strategies, innovations, and product
line initiatives, from ideation to full
implementation.
Trusted Advisors
Our network offers a mix of professional
talent—from physicians who have run
coverage policy at health plans to former
members of federal regulatory agencies
as well as the former Acting Administrator
for the Centers of Medicare & Medicaid
Services. Among our advisors are financial
experts, actuaries, engineers, privacy and
security professionals, compliance program
professionals, and others with an extensive
knowledge of the wide array of problems
that health care and life sciences clients face.
EBG Advisors
Annual Report 2020 10
Legal Talent Solutions (New)
EBG Advisors Legal Talent Solutions is
your recruitment solutions partner. We
can help your health care and life science
organization find and recruit the right
person to address your in-house counsel
needs at all levels, and particularly at the
high end of the talent spectrum. Use our
legal search and placement services to
help build your in-house team.
12. Diversity, Equity, and Inclusion
Annual Report 2020 12
At EBG, diversity, equity, and inclusion have
always been core values. This year, we reaffirmed
our dedication to these essential parts of our
culture by confirming both our intolerance of
racism wherever it may occur and stating that the
lives taken, and the lives of those still facing the
injustice of racism, matter deeply to us.
In 2020, we joined the Law Firm Antiracism
Alliance, which seeks to leverage the resources
of the private bar to amplify the voices of those
oppressed by racism, to better use the law as
a vehicle for change, and to promote racial
equity in the law. Member firms dedicate pro
bono resources to matters and projects that
address systemic racism. In addition, members
acknowledge their responsibility to increase
diversity, equitable access to opportunities, and
inclusion of people of color within their ranks.
Our ongoing diversity and inclusion programming
focuses on supporting our diverse attorneys
in attending conferences, networking, and
participating in other professional development
opportunities sponsored by diverse organizations.
Firm-wide, we ran educational campaigns and town
halls that facilitated dialogues about inequality
and injustice throughout the year. For example,
in October, as one part of our annual recognition
of Diversity Awareness Month, we watched the
documentary True Justice: Bryan Stevenson’s Fight
for Equality, then reflected on what we learned in
conversations led by our Diversity and Professional
Development Committee. In 2021, we will build
upon the work we did this year with unconscious
bias training for all employees.
Diversity, Equity,
and Inclusion
The lives of those still facing
the injustice of racism matter
deeply to us.
13. Diversity, Equity, and Inclusion Annual Report 2020
13
4 Affinity Groups that build a supportive
community for diverse team members
- Women’s Initiative
- LGBTQ+ Outreach Group
- Minority Attorneys Forum
- Work/Life Integration Resource Group
Top 15 law firm for minorities
- Law360’s 2020 “Diversity Snapshot” in the category of
firms with 251–600 attorneys
2nd
consecutive “Tipping the Scales”
award for a partner class of 50% or
more women
- Diversity & Flexibility Alliance’s 2020 Annual New Partner Report
Top 20 law firm for female attorneys
- Law360’s 2020 “Glass Ceiling Report” in the category
of firms with 251–600 attorneys
One of only three law firms named a 2020
Best Place to Work for Disability Inclusion
- Disability Equality Index®
Top rated as one of the best workplaces
for LGBTQ+ people
- Human Rights Campaign Foundation’s Corporate
Equality Index 2020
Attorneys individually recognized for
their contributions to the diverse legal
community
- Lawyers of Color, City & State New York, or the Dallas
Hispanic Bar Association
15
20
5
14. At the base of our arguments,
we sought to protect the rule
of law and the constitutional
prerogatives of the legislative
branch. At EBG, we believe in
the transformative power of
pro bono work and are proud
to be tireless advocates for our
clients and their causes.”
– Stuart Gerson, Member of
the Firm, who led the firm’s
work in El Paso County, Texas
et al. v. Donald Trump et al.
This year’s honorees have gone
above and beyond in providing
pro bono legal services,
support, and leadership, and
they have helped to build for
the Alliance a secure framework
for our success. A Vanguard is
one who goes ahead to lead the
way for others.”
– David Stamper, Board
President of AHH, who
recognized the firm and
Associate Robert Pepple for
his pro bono work for the
organization
Pro Bono and Community Service
Annual Report 2020 14
Pro
Bono
and
Community
Service
In May, EBG began a partnership with the National Association of Criminal
Defense Attorneys, Families Against Mandatory Minimums, and the Women’s
White Collar Criminal Defense Association to represent indigent federal
prisoners in their requests for compassionate release. We are proud to
represent clients susceptible to COVID-19, who often have serious medical
conditions and are predominantly people of color, in their requests for
compassionate release at a critical time. Numerous attorneys as well as
professional staff paired up to draft and file successful release motions for
vulnerable federal inmates.
National Legal Aid & Defender
Association 2020 Beacon of Justice
Award for “exemplary” pro bono
commitment for our nearly 1,000
hours of pro bono work on behalf
of El Paso County, Texas
2020 Vanguard Awards for pro
bono service on behalf of the
Alliance for Housing and Healing
(AHH)
Compassionate Release Project
Pro Bono Awards
As part of our reaffirmation of our commitment to diversity,
equity, and inclusion, we took several steps to work on
identifying pro bono and community service projects that
focus on race and equality. Already, our focused efforts are
showing results.
15. Thank You for Your Generosity Annual Report 2020
15
EBG’s “Most Valuable Providers (MVPs) –
Serving Those Who Serve Us,” a charitable
campaign, raised money to provide meals
from local restaurants to frontline health care
workers around the country.
This campaign was particularly relevant to
the EBG community, with many of us working
in the health care or the restaurant and
hospitality industries, which have been so
drastically affected by the COVID-19 pandemic
this year.
We were humbled by the response from
our alumni, clients, current attorneys and
employees, and friends of the firm.
Thank you. It was a privilege to give back,
alongside our extended EBG community, to
help “serve those who serve us.”
Thank You for Your
Generosity
10,188
MEALS DONATED
+2x
DOUBLED
OUR GOAL
11
CITIES
6
STATES
5,000
MEALS WAS
OUR GOAL
16. Firm Leadership
Annual Report 2020 16
Firm Leadership
Mark E. Lutes, Chair
William J. Milani, Vice Chair
Adam C. Abrahms
George B. Breen
David W. Garland
Gary W. Herschman
David E. Matyas
Lynn Shapiro Snyder
Steven M. Swirsky
Carrie Valiant
George Carroll Whipple, III
Constance A. Wilkinson
Mark E. Lutes – Chair, Board of Directors
James P. Flynn – Managing Director
Steven Di Fiore – Chief Operating Officer
Christopher M. Farella – General Counsel
Patricia M. Wagner – General Counsel and Chief Privacy Officer
Steven R. Blackburn
Jonathan M. Brenner
Denise Merna Dadika
Anjali N.C. Downs
Kate Gallin Heffernan
David Jacobs
Andrew Kaplan
Wendy G. Marcari
David E. Matyas
Peter M. Stein
Peter A. Steinmeyer
Christine Anest, Director of Human Resources
Robert G. Chervenak, Chief Financial Officer
Robert Guilbert, Chief Information Officer
Amanda L. Schneider, Chief Marketing Officer
Amy Simmons, Director of Attorney Recruitment & Professional Development
Board of Directors
Senior Management
Office Leadership
Department Heads
17. New Team Members Annual Report 2020
17
New Team Members
Jonathan Assia
Los Angeles
Associate
Emily Fogler
Boston
Member of the Firm
Sarah Trautz
Boston
Member of the Firm
Alice Kwak
Los Angeles
Associate
Jennifer Bolton
Houston
Associate
Amy Ramsey
Los Angeles
Member of the Firm
Jocelyn Ezratty
Newark
Associate
Joe Tucci
Newark
Member of the Firm
Brenna McLean
Chicago
Associate
Alejandro Castro
Los Angeles
Associate
Andrew Rusczek
Boston
Member of the Firm
John Gilbertson
Los Angeles
Member of the Firm
Kevin Favro
Los Angeles
Associate
Rachel Weisblatt
Boston
Associate
Jeffrey Mongiello
Newark
Associate
Marylana Saadeh Helou
Boston
Associate
Kate Gallin Heffernan
Boston
Member of the Firm
Drew Douglas-Steele
Boston
Associate
Sarah Ferranti
Boston
Member of the Firm
Boston
Chicago Houston
Los Angeles
Newark
18. New Team Members
Annual Report 2020 18
2020 First-Year Associates
2020 Summer Associates
Daniel Edelman
New York
Member of the Firm
Vidaur Durazo (Los Angeles)
Phillip Lamborn (Los Angeles)
Devon Minnick (Washington, DC)
Cynthia Park (New York)
Lauren Petrin (Washington, DC)
Olivia Plinio (New York)
Jenna Russell (New York)
Christopher Shur (New York)
Christopher Taylor (Washington, DC)
Sanchita Bose
(The George Washington
University School of Law)
Spreeha Choudhury
(University of Maryland Francis
King Carey School of Law)
Christine Danielson
(Georgetown Law)
Naomi Friedman*
(Fordham University School of Law)
Kamil Gajda
(Seton Hall University School of Law)
Catherine Kang
(UCLA School of Law)
Lucas Peterhans
(Washington University School of Law)
Trena Riley
(Benjamin N. Cardozo School of Law)
Jessica Rivero*
(Georgetown Law)
Tiffany Sarchet
(UCLA School of Law)
Jacqueline Scher
(Benjamin N. Cardozo School of Law)
Daniel Fundakowski
Washington, DC
Senior Counsel
Zlata Fayer
Princeton
Associate
Christopher Morrison
St. Petersburg
Senior Counsel
Adam Tomiak
New York
Member of the Firm
Patrick Johnson
New York
Associate
Katherine O’Brien
New York
Of Counsel
*Denotes a student in the 1L Summer Associate – Pipeline Program
Princeton Tampa/St. Petersburg
Washington, D.C.
New York
Delia Deschaine
Washington, DC
Member of the Firm
Nivedita Patel
Washington, DC
Senior Counsel
19. Vault “Best Law Firms” 2021
BTI Client Service All-Stars
The Best Lawyers in America 2021
U.S. News - Best Lawyers
“Best Law Firms” 2021
Super Lawyers
Ranked nationally in Tier 1 for four
practice areas:
» Employment Law Management
» Health Care Law
» Labor Law – Management
» Litigation – Labor & Employment
Selected 50 attorneys to
a 2020 Super Lawyers list,
and chose 13 attorneys for
a 2020 Rising Stars list
Recognized among the
Best Law Firms for Health
Care (Top 5) and the Best
Law Firms for Labor and
Employment Law (Top 15)
Recognized three
Employment, Labor &
Workforce Management
attorneys for “delivering
the absolute best in client
service,” according to
corporate counsel
Recognized 55 attorneys for professional
excellence, named two attorneys “Lawyer of the
Year,” and selected 26 attorneys as “Ones to Watch”
Highlighted Recognitions Annual Report 2020
19
Highlighted
Recognitions
Chambers USA: America’s Leading
Lawyers for Business 2020
- Identified 28 attorneys as leading
practitioners in their field
- Ranked in Healthcare Nationwide and
in the District of Columbia, New Jersey,
and New York
- Ranked in Labor & Employment in
Connecticut, New Jersey, and New York
The Legal 500 United States 2020
- Ranked Tier 1 in the category of “Healthcare:
Advice to Health Insurers”
- Recommended in six practice areas:
» Employee Benefits, Executive Compensation
and Retirement Plans: Design
» Healthcare: Advice to Service Providers
» Labor and Employment Disputes (Including
Collective Actions): Defense
» Labor-Management Relations
» M&A: Middle Market (Sub-$500 Million)
» Workplace and Employment Counseling